THIS STALLION SERVICE AGREEMENT ("Agreement") is made and entered into by and between the designated parties: _________________________________________, (hereinafter, "Mare Owner") for the mare _________________________________, and Cheryl Ebner dba Fir Cliff Farms, hereinafter "Stallion Owner", on the date designated below.
1. Purchase of Breeding
Stallion Owner hereby sells and Mare Owner purchases a breeding season to the designated stallion (hereinafter referred to as "Stallion"), which entitles Mare Owner to breed Mare (defined in paragraph 8) to Stallion during the designated Breeding Season (defined in paragraph 13), subject to the terms and conditions of this Agreement.
2. Stallion Service Purchase Price
Mare Owner agrees to pay to Stallion Owner the agreed stud fee including booking fee in U.S. funds. Payment of stud fee including booking fee as well as shipped semen fees (as outlined in Addendum B, Fee Schedule) is due before shipment of semen to the location designated by Mare Owner.
3. Shipped Semen
Mare Owner agrees to shipped semen protocol as outlined in Addendum A, Fir Cliff Farms Shipped Semen protocol. Mare Owner agrees to use the shipped semen only for the one mare named above in this contract and shall have a licensed veterinarian verify in writing that the shipped semen has been used only to inseminate the one mare named above in this contract (Form will be provided.) The Mare Owner agrees to deliver such certification to Fir Cliff Farms within the applicable breeding report provisions, instructions, and deadlines. Mare Owner is required to provide Stallion Owner a copy of a recent negative (clean) uterine culture (within last 30 days) for designated Mare as well as up to date breeding history (Form provided) and inoculation record before semen is shipped. Stallion Owner agrees to ship semen for two of Mare's heat cycles. If mare does not conceive from these two shipments, Mare Owner agrees to have a uterine biopsy and additional uterine culture performed on mare at Mare Owner's expense and forward copies of biopsy and culture reports to Stallion Owner before more semen will be shipped.
4. Semen Shipping Fees
In addition to the Stallion Service Purchase Price set forth above, Mare Owner agrees to pay all associated fees of semen collection, preparation, and shipment as set forth in the Fee Schedule (See Addendum B)
5. Live Foal Guarantee
If the Mare Owner's mare is barren, aborts, or fails to produce a live foal that stands and nurses as a result of the breeding, Stallion Owner will allow Mare Owner another breeding privilege of the Mare to Stallion (or a substitute mare if acceptable to Stallion Owner) for the next breeding season only, provided that Mare Owner pays an additional booking fee and furnishes a satisfactory certificate issued by a licensed veterinarian attesting to any of the above occurrences within thirty (30) days of the date of the occurrence.
6. Extinguishment of Foal Guarantees/Damages
The purchase price of the stallion service set forth in paragraph 2, above, and in Addendum B shall either be retained by or become immediately due and payable to Stallion Owner as liquidated damages and the Live Foal Guarantee above becomes null and void if Mare Owner fails to pay all fees due under this contract or breeds the Mare to another stallion in the designated breeding season without the written permission of the Stallion Owner.
7. Stallion Owner's Warranties and Disclaimers
Stallion Owner makes the following warranties and disclaimers, and Mare Owner accepts each one:
8. Mare Owner's Warranties and Disclaimers
Mare Owner warrants to Stallion Owner that Mare Owner is the owner (or Lessee of record) of the designated mare or a substitute thereto pursuant to paragraph 11 (collectively referred to as "Mare"), which Mare Owner will present for breeding to Stallion during the designated breeding season under this Agreement.
9. Release/Hold Harmless
Mare Owner agrees to hold harmless and release Stallion Owner, Cheryl Ebner, and respective agents, employees, representatives, assigns, affiliated persons, and/or others acting on their behalf from liability for ordinary negligence relating to any and all injuries, damages, personal property damages or losses that Mare Owner may sustain arising out of the breeding of the mare that may accrue from any cause whatsoever during the term of this Agreement. Mare Owner agrees to hold Stallion Owner harmless if mare does not settle in foal.
Mare Owner shall be solely responsible for all acts and behavior of Mare at all times while this Agreement is in effect. In no case shall the Stallion Owner, and their respective agents, employees, representatives, assigns, affiliate persons, and/or others acting on their behalf be liable for the acts and behavior of Mare unless they directly caused the injury due to gross negligence or willful and wanton misconduct on their part.
11. Substitute Mare/Stallion Owner's Refund Policy
In the event of the death or incapacity of the Mare, Mare Owner shall be allowed to breed a substitute mare to the Stallion within the next twelve months, provided that the Stallion Owner has given advance approval in writing of the proposed substitute mare. No refunds of the fees associated with breeding shall be permitted, except in case of death or incapacity of the Stallion, in which case the stud fee (less booking fee) will be refunded.
12. Breeding Season Definition
The breeding season for Fir Cliff Farms stallions will be February 5 to August 1. Breeding season as defined above is conditional subject to show and training schedules. Excluding show dates, each Stallion will be collected on Mondays, Wednesdays, and Fridays. If show or training schedule involves the Stallion relocating from the farm for any length of time, Mare Owner will be notified as early as possible. If possible, alternate arrangements will be made to have the Stallion collected for shipment from the training facility. In these cases, charges for collection and shipping expenses will be determined by and payable to the collection facility.
13. Stallion Service Certificate
Stallion Owner reserves the right to withhold issuance of any applicable Stallion Service or Breeder's Certificate(s) for the breeding hereunder until Mare Owner is current on all payment obligations to Stallion Owner. No Stallion Service or Breeder's Certificates will be issued before Mare Owner notifies Stallion Owner of the birth of a live foal.
14. Entire Agreement
This Agreement contains the entire agreement between the parties with respect to its subject matter. All prior promises or understandings (either oral or written) between Mare Owner and Stallion Owner shall be void unless contained in this Agreement. Modifications to this Agreement will only be valid if in writing and signed by both Mare Owner and Stallion Owner.
This Agreement is not assignable by Mare Owner without the written permission of Stallion Owner. A new booking fee must be paid to Stallion Owner if this Agreement is assigned.
Either party may terminate this Agreement for failure of other party to meet any material terms of this Agreement. In the case of any default by one party, the wronged party shall have the right to recover reasonable attorney's fees and court costs as a result of said default.
This Agreement is governed by and shall be construed under the laws of the State of Oregon.
I, the undersigned Mare Owner, do hereby certify that I am the Mare Owner named herein, or a duly authorized agent thereof, and as such have the authority to enter into this contract, as witnessed by my signature. I also certify that I have read and understand this contract and Addendums A and B, Shipped Semen Protocol and Fee Schedule.
|BREED REGISTRY:_____________ REG. NO.:_____________ YOB: 19_____|
|BREEDING SEASON: ____________|